Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88271761 BINANCE(Standard Characters, see http://uspto.report/TM/88271761/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computer software, hardware and firmware; computer software and programs used in the field of electronic commerce; computer software and programs for processing electronic payments to and from others; authentication software; downloadable software applications; computer software packages; computer software for database management; computerized financial management information systems; computers; computer apparatus and equipment; telecommunication machines and apparatus; electronic devices; data processing equipment and devices; apparatus for recording, transmission or reproduction of sound or images; CD ROMS; DVDs; machine monitors; data terminals; data storage units; handheld currency converters; credit, debit, cash and identification cards; chip cards and smart cards; cash dispensers; electronic funds transfer machines; credit and debit card verification machines; electronic publications
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Filing Basis: Section 44(d), Priority based on foreign filing: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Australia application number 1970019 filed 11/21/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Computer software, hardware and firmware; Downloadable computer software for financial services; computer software and programs used in the field of electronic commerce; computer hardware; computer software and programs for processing electronic payments to and from others; computer firmware; authentication software; Downloadable computer software and programs used in the field of electronic commerce, namely, software for database management; downloadable software applications; downloadable computer software and programs for processing electronic payments to and from others; computer software packages; downloadable authentication software for controlling access to and communications with computers and mobile devices; computer software for database management; downloadable software applications for financial services; computerized financial management information systems; downloadable computer software packages for financial services; downloadable computer software for database management; computer apparatus and equipment; computerized financial management information systems comprised of computer hardware; telecommunication machines and apparatus; computers; electronic devices; computer peripheral apparatus and equipment; telecommunication machines and apparatus, namely, telephones; electronic devices, namely, telephones; CD ROMS; data processing equipment and devices; DVDs; apparatus for recording, transmission or reproduction of sound or images; machine monitors; blank CD ROMS; data terminals; blank DVDs; data storage units; machine video monitors; handheld currency converters; mobile data terminals; credit, debit, cash and identification cards; data storage units, namely, hard drives; chip cards and smart cards; electronic handheld currency converters; magnetically encoded credit, debit, cash and identification cards; blank electronic chip cards and smart cards; cash dispensers; electronic publications; electronic funds transfer machines; credit and debit card verification machines; electronic publications, namely, e-zines featuring finance recorded on computer mediaClass 009 for Downloadable computer software for financial services; computer hardware; computer firmware; Downloadable computer software and programs used in the field of electronic commerce, namely, software for database management; downloadable computer software and programs for processing electronic payments to and from others; downloadable authentication software for controlling access to and communications with computers and mobile devices; downloadable software applications for financial services; downloadable computer software packages for financial services; downloadable computer software for database management; computerized financial management information systems comprised of computer hardware; computers; computer peripheral apparatus and equipment; telecommunication machines and apparatus, namely, telephones; electronic devices, namely, telephones; data processing equipment and devices; apparatus for recording, transmission or reproduction of sound or images; blank CD ROMS; blank DVDs; machine video monitors; mobile data terminals; data storage units, namely, hard drives; electronic handheld currency converters; magnetically encoded credit, debit, cash and identification cards; blank electronic chip cards and smart cards; cash dispensers; electronic funds transfer machines; credit and debit card verification machines; electronic publications, namely, e-zines featuring finance recorded on computer media
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Filing Basis: Section 44(d), Priority based on foreign filing:For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Australia application number 1970019 filed 11/21/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.

The applicant's current attorney information: Sandra Epp Ryan. Sandra Epp Ryan of HAMRE, SCHUMANN, MUELLER & LARSON, P.C., is located at

      45 SOUTH 7TH STREET, STE. 2700
      MINNEAPOLIS, Minnesota 55402
      US
The docket/reference number is 20895.1US01.

The phone number is 612-455-3800.

The fax number is 612.455.3801.

The email address is trademark@hsml.com

The applicants proposed attorney information: Sandra Epp Ryan. Other appointed attorneys are Sarah Voeller, Douglas Mueller, James Larson, Zhi Dong. Sandra Epp Ryan of HAMRE, SCHUMANN, MUELLER & LARSON, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      45 SOUTH 7TH STREET, STE. 2700
      MINNEAPOLIS, Minnesota 55402
      United States
The docket/reference number is 20895.1US01.

The phone number is 612-455-3800.

The fax number is 612.455.3801.

The email address is trademark@hsml.com

Sandra Epp Ryan submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: SANDRA EPP RYAN. SANDRA EPP RYAN of HAMRE, SCHUMANN, MUELLER & LARSON, P.C., is located at

      45 SOUTH 7TH STREET, STE. 2700
      MINNEAPOLIS, Minnesota 55402
      US
The docket/reference number is 20895.1US01.

The phone number is 612-455-3800.

The fax number is 612.455.3801.

The email address is trademark@hsml.com; sryan@hsml.com

The applicants proposed correspondence information: Sandra Epp Ryan. Sandra Epp Ryan of HAMRE, SCHUMANN, MUELLER & LARSON, P.C., is located at

      45 SOUTH 7TH STREET, STE. 2700
      MINNEAPOLIS, Minnesota 55402
      United States
The docket/reference number is 20895.1US01.

The phone number is 612-455-3800.

The fax number is 612.455.3801.

The email address is trademark@hsml.com; sryan@hsml.com

SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_6413216945-161146401_._App_Decl_-_BINANCE_-_signed__2_.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Changpeng Zhao
Signatory's Position: CEO
Signatory's Phone Number: n/a


Response Signature
Signature: /Sandra Epp Ryan/     Date: 10/04/2019
Signatory's Name: Sandra Epp Ryan
Signatory's Position: Attorney of record, Minnesota bar member

Signatory's Phone Number: 612.455.3800

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    SANDRA EPP RYAN
   HAMRE, SCHUMANN, MUELLER & LARSON, P.C.
   
   45 SOUTH 7TH STREET, STE. 2700
   MINNEAPOLIS, Minnesota 55402
Mailing Address:    Sandra Epp Ryan
   HAMRE, SCHUMANN, MUELLER & LARSON, P.C.
   45 SOUTH 7TH STREET, STE. 2700
   MINNEAPOLIS, Minnesota 55402
        
Serial Number: 88271761
Internet Transmission Date: Fri Oct 04 16:16:33 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019100416163314
4903-88271761-610cc555259f167e5b89ed4bb7
274c1ce9e920762d7e7e83cc71f6107921f95f9f
-N/A-N/A-20191004161146401088